The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-12-17
a word with a contemporarv.

Thursday morning the PRESS contained am
important ruling by Judge Whtehouse of
the Superior Court of Kennebec county, on
what is known as the primd fdcie clause of
the liquor law. There is a daily paper pub
lished in Augusta, where Judge White
houses court is held, called the Kennebec
journal, which has recently had an ''infu-
sion of young blood" and which loudly
boasts of its enterprise procuring and pre-
senting the news of the day. But this paper,
on Thursday morning, contained not word
of Judge Whitehouse's ruling. The first
knowledge it had of this ruling was when it
read it in the PRESS. OF course the 'young
blood" felt piqued There was good reason
for it too. Now had the ''young blood" been
COOL it would have stined its discomft-
ure, copied the PRESSES dispatch in its next
issue, or ignored it altogether, and tried to
do better in the future. But young blood
is apt to be hot, and it was in this case. So
without taking the precaution of ascertain
ing the source Of the PREss's despatch, it
set to work to dscredit it. 1t was not con-
tent to do this through its own circula-
ton, but called to its aid the Associated
Press, and sent despatch over the country
alleging that the PRESS despatch contained
nothing ney to the people of Kennebec coun-
ty, that Judge Whitehouse gave the same
ruling last September, and finally that the
Judge ''did not assume to declare the law
unconstitutional, but gave it construction
in harmony with the constitution
To the first two of these allegations we
answer that they are not true Judge White
house had never given in court before last
Thursday decision where the point which
he decided on that day was directly int
volved.
To the second allegation, that Judge
Whitehouse did not assume to declare that
the law was unconstitutional but gave it a
construction in harmony with the constitu-
tion,' we reply that the abstract Of Judge
Whitehouse's charge to the jury published
| in the PRESS was written by Judge White
house himself, and therefore it would seem
safe to assume that it reported him correctly.
Here it is:
Judge Whi.ehouse charged that it was not COM
petent for the Legislature TO direct jury 10 rem
der verdict OF guilty on evidence Of the payment
of special tax; that the presumption OF inno-
cence was among the rules for the protection of
private rights which had extended from time i'm
been guaranteed to the accused In the constitution
of the State; that the right to the Judgment OF
his peers" Was alSO secured 10 every person Dy
the same provision of the organic law; that
il the act in question should be so construed
as to require the jury to convict on
alone, 1t would practically deprive the ac
cused of the benefit of this presumption and OF
the right TO the Judgment Of his peers" subst-
tuting therefor the artificial presumption created
by the Legislature; and with that construction ~
would clearly be In violation OF the constitutional
| rights: but the jury might consider the payment
of a special tax fact of great significance and If
unexplained deem it sufficient in connection with
satisfaction OF guilt that while he could not say
| to them, as matter OF law that they were re-
quired TO convict, they would have right 10 N
| quire what motive a person could have to pay to
| the government the sum OF $25 for special
stamp retail liquor dealer, unless he was EN-,
| gagged In that business, IL was all matter OF
| factfor them.
| Our Augusta correspondent construed this
as tantamount to declaration that the law
was unconstitutional, and so must every per-
son of common sense. Judge Whitehouse
| charged that sit was not competent for the
legislature to direct jury to render verdict
of guilty on evidence of the payment Of
special tax Now this is precisely what
| the legislature meant to do. The payment
| of liquor tax had always been evidence Of
illegal SALE 1t had always been testimony
| competent for jury to consider, just as the
| presence of bottles aud decanters and tum-
blers in shop had been. The legislature I'M
| dertook to give it fictitious value. There is
not an intelligent person in Maine but knows
perfectly well that what that body meant
| to do was to compel the jury to accept the
| payment of a special tax, unless explained,
as conclusive prooflof Illegal sale. Any other
| Interpretation of the clause simply stultifes
| the legislature, as it convicts it of passing
with solemn formality bill to make some
thing competent evidence which had always
been competent evidence. So when Judge
| Whitehouse declared that it was incompe-
| tent for the legislature ito direct jury to
render verdict Of guilty on evidence of the
| payment of special tax" to all intents and
| purposes he as clearly declared the prind
| fdcie clause unconstitutional as If he had de-
| clared it so in terms. 1t makes no practical
| difference when Judge by ruling nullifies
| the intent of the legislature whether he calls
| it declaring the law unconstitutional or con-
| STRUNG the law in harmony with the consti-
| tuition. The result is 1.-THE same, the law Is
| gone Under Judge Whitehouse's ruling the
| liquor tax as evidence has not Que whit
| more value than it did before the primo Jdcte
| amendment was added to the liquor law.
| "The jury may" says Judge Whitehouse,
4
consider the payment of special tax a
fact of great significance, and IL unex-
planned deem it sufficient III connection with
the description of the premises to afford full
| satisfaction of guilt A jury could do that
before the prima facie clause was thought Of.
But we are not confined to inference,
though that inference be unmistakable. to
determine what Judge Whitehouse intended
| by his ruling. We have some direct testi-
mony which we do not think the ''young
blood" will undertake to impeach. Asked
yesterday by our correspondent if the state
ment made in the PRESS that he had pro-
nounced the prima fdcie clause unconstitu-
tional was correct Judge Whitehouse re-
| piled in these words:
| "If that law was intended to compel jury to
| render a verdict of guilty on the evidence of the
payment of special tax alone, and 1t a0ds so IN
| tended. then pronounced 10 unconstitutional"
The next time the Kennebec Journal feels
moved to use the Associated Press to cast
discredit on the PRESS dispatches we
hope for its own sake, it will take the
| trouble to ascertain the facts